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Model
Electronic Recycling Act
Model Electronic Recycling Act
The model
legislation is the collaborative effort of the Northeast Recycling
Council (NERC) and the Council of State Governments/Eastern Regional
Conference (CSG/ERC) which includes the ten
Northeastern states (Maine to Delaware), two Caribbean
territories (Puerto Rico and the U.S. Virgin Islands), and three eastern
Canadian provinces (Quebec, Nova Scotia, and New Brunswick).
The
scope of the legislation is restricted to computers
and TVs. Personal computers include desktop and portable
computers and their monitors; however, PDAs, calculators and phones with
display screens smaller than four inches are specifically excluded. All
televisions are covered regardless of the video display technology.
Specifically included are CRT, LCD, plasma, DLP and image projection.
Under the model
legislation, the cost of collecting and recycling covered devices is
paid by the manufacturers
of the devices, a concept known as extended producer responsibility (EPR).
Collection of used devices must be convenient and free to the consumer,
and no limit may be placed on the number of devices dropped off by the
consumer for recycling.
Manufacturers
of covered products must pay an annual $5,000
registration fee and report the total weight of their covered
products sold in the state during the previous year.
The
state determines the state recycling rate
of covered devices, which is the total weight of recycled devices
collected in the state during the previous year divided by the total
weight of new devices sold in the state during the previous year.
Manufacturers
then pay a fee based on the weight of their covered devices sold in the state multiplied by the state
recycling rate multiplied by no more than 50¢ per pound. This fee is
used by the state to pay companies who collect, transport and recycle
covered devices.
In
lieu of these weight-based fees, manufacturers
may collect and recycle covered devices themselves, provided
that the weight of devices they recycle is equal to the weight of the
new covered devices they sold in the state multiplied by the state
recycling rate. Manufacturer plans to collect and recycle covered
devices must receive prior approval from the state. Manufacturers who
recycle more covered devices than required receive "credits"
that may be sold to other manufacturers or carried over to the next
year.
Disposal
of covered devices in municipal or other solid waste
facilities becomes illegal two years after the enactment of the Act into
law.
The
Model Electronic Recycling Act proposed by the Northeastern states takes
a very different funding approach than
California
has taken. Whereas California funds the collection and recycling of
covered electronic waste through a consumer tax at point of sale, the
Northeastern states plan to impose fees on the manufacturer at the end
of a product's useful life.
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This summary of
the Model Electronic Recycling Act is designed to
provide you with an accurate, easy-to-understand overview of the
topic. However: |
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We have not attempted to cover the
implementation issues that need to be addressed at your
company or in your supply chain. For this type of assistance,
please
email us (include your
phone number) to inquire about our services. |
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This summary
does not
constitute legal advice. The actual standard in the original language
should be reviewed and used for all business, legal, and product
compliance purposes. |
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